DAY 1 - Tuesday, 26 January, 2010
8.00 Registration and Coffee
8.30 Opening Remarks and Welcome from Co-Chairs
Sally March
Global Director for Compliance
and Corporate Security, Nortel Networks (UK)
Jean-Claude Najar
General Counsel France,
GE | Senior Counsel & Chief Compliance Officer,
GE CAPITAL EMEA (France)
8.45 Overview of Anti-Corruption Investigations and Enforcement Actions in Germany
Ulrich Busch
Senior Public Prosecutor
and Head of the Anti-Corruption Division,
Public Prosecution Office Frankfurt (Germany)*
- What is driving the new and aggressive increase in local regulatory investigations?
- The increasing role of the Tax Authorities in detecting corruption allegations
- The influence the FCPA is having on regulatory reform and powers of the public prosecutors across Europe
- Recent enforcement of anti-corruption laws in the light of recent cases including: MAN AG, Bosch, and Trommsdorff
- How would the willingness of companies to cooperate with prosecutors at the very early stage of the investigation affect its outcome?
9:30 Recent Anti-Corruption Laws and Enforcement Activities in the United Kingdom: The New Bribery Bill
Elizabeth Robertson
Partner
Addleshaw Goddard (UK)
Bob Evans
Head of Outreach
Serious Fraud Office (UK)
Gregor McGill
Head of Fraud Prosecution Division
CPS Central Casework Divisions (UK)
- Scope of the new offence which would make companies liable for foreign bribery under the new Bribery Bill
- How to bring successful prosecutions against acts of bribery committed by foreign subsidiary companies
- What does the SFO’s recent guidance on self-reporting of overseas corruption mean to companies?
- What tangible benefit companies have in self-reporting and cooperating with prosecution
- Lessons to learn from Mabey & Johnson prosecution in relation to self-reporting
10:15 The FCPA Year in Review: Latest Enforcement Cases and Key Priorities
Gary DiBianco
Partner – Head of London-based
Corporate Investigations Practice
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Fraud Section, Criminal Division,
U.S. Department of Justice*
- Implications of increased prosecution of individuals
- Heightened use of the conspiracy charge as a tool for FCPA enforcement — an update on recent cases
- Avenues for reporting FCPA violations that are being more prevalently used
- The recent focus and importance of due diligence (Re Frederic Bourke case)
11.00 Morning Refreshments
11.15 Cross-Border Cooperation Among Enforcement Agencies and Other Anti-Corruption Enforcement Issues and Policies
Panellists:
Bob Evans
Head of Outreach
Serious Fraud Office (UK)
Gregor McGill
Head of Fraud Prosecution Division
CPS Central Casework Divisions (UK)
Jean-Bernard Schmid
Deputy Prosecutor General,
Investigating Magistrate, Geneva (Switzerland)
Fraud Section, Criminal Division,
U.S. Department of Justice*
Moderator:
John Rupp
Partner
Covington & Burling (UK)
- How agencies cooperate and work together to build their case
- is there a complete sharing of information among enforcement agencies in the same country?
- how do national enforcement agencies share information with enforcement agencies in other countries?
- Cross border collaboration — who leads and who follows?
- What steps have been or should be taken to level the playing field?
- Consequences of self-reporting to the UK SOCA under the Proceeds of Crime Act — how is the coordination with the SFO made?
- Do you self-report to the U.S. prosecutors first or to your national prosecutor?
- What incentives are enforcement agencies to prepared to offer for self reporting?
- Do those violating anti-bribery/anti-corruption laws risk double or triple jeopardy, depending upon the facts?
- Are monitors imposed too often or too infrequently — how can monitoring abuses be controlled?
12.30 Networking Lunch
1:30 New Initiatives of the OECD Working Group on Bribery
Nicola Bonucci
Director Legal Department
Organisation for Economic Co-Operation and Development (OECD)
- Monitoring mechanisms of the implementation of the OECD Anti-Bribery: The launching of Phase 3
- Review of outstanding recommendations and key issues including enforcement efforts and results
- The implementation of review mechanism of the UN Convention against corruption: where does it stand compared to the OECD Convention?
2:00 Reconciling Companies’ Obligation to Maintain Efficient Internal Investigation Processes and Legal Restrictions on Internal Investigation in Germany
Dr. Heiner Hugger, LL.M.
Partner
Clifford Chance (Germany)
Oliver C. Jung
Legal Counsel & Compliance Officer
ThyssenKrupp AG (Germany)
- What do the recent amendments to the German Federal Data Protection Act related to protection of employees mean for internal investigations?
- objectives of the new amendments
- scope of the changes and additional burden on companies
- lessons learned from recent cases
- How will the new data protection rules hamper internal investigations on employees?
- Ramifications of a violation of data privacy — what are the sanctions provided by the laws?
- Pitfalls in internal investigations under German labour law and how to overcome them?
2:45 Elements of A Potential Criminal Liability of the Compliance Officer in Germany: Your Defence Strategies
Dr. Christoph Klahold
Vice President, Attorney at law/Compliance Officer, Legal and Compliance
ThyssenKrupp Elevator AG (Germany)
Markus Rieder
Partner
Shearman & Sterling LLP (Germany)
- Civil and criminal liability executives and compliance officers face in Germany
- How does the Supreme Court define the elements of potential criminal liability (by omission) of the compliance officer?
- Impact of potential criminal or administrative liability on civil liability risks
- Consequences of corporate compliance culture, compliance officer’s recruitment and employment contract negotiation
- Ensuring that compliance officers’ omissions do not amount to “turning a blind eye to non compliance incidents”
- How can companies offer officers protection, such as an extension of insurance coverage?
- Defence and mitigating factors compliance officers have if things go wrong
3.30 Afternoon Refreshments
3:45 Setting Up and Operating an Effective Whistle Blowing Policy which Complies with Local Laws in Key Jurisdictions
Dr. Anne-Marie Wolfsohn
Assistant General Counsel, Head of International Legal Department
(EuMEA, Asia-Pac), Rockwell Collins
Jean-Claude Najar
General Counsel France, GE
Senior Counsel & Chief Compliance Officer,
GE CAPITAL EMEA
- Pros and cons of setting up a whistle blowing line
- Whistle blowing lines’ contributions to increasing regulatory investigations
- Implementing a mandatory whistle blowing policy with conflicting cultural and local data privacy laws
- Impact of the new data protection laws on current whistle blowing policies in Europe
- How does a whistle blowing system work in real life and what issues should your whistle blowing policy cover?
- Changes to make on your worldwide whistle blowing policy to get approval
- Working with workers’ councils to get the validation of your policy
4.30 Interactive Q&A Session with Regulators and Prosecutors
Facilitator:
Frederic R. Miller
Partner
Investigations and Forensic Services, PwC (USA)
Panellists:
Ulrich Busch
Senior Public Prosecutor
and Head of the Anti-Corruption Division
Public Prosecution Office Frankfurt*
Bob Evans
Head of Outreach
Serious Fraud Office
Gregor McGill
Head of Fraud Prosecution Division
CPS Central Casework Divisions
Jean-Bernard Schmid
Deputy Prosecutor General,
Investigating Magistrate, Geneva,
Fraud Section, Criminal Division,
U.S. Department of Justice*
This session is facilitated by Frederic R. Miller and will bring together anti-corruption prosecutors and regulators to answer your pressing questions, discuss and exchange information and ideas in an open and interactive environment. We invite you to send your questions to the organisers before the conference. Alternatively, questions may be asked on an anonymous basis by dropping your questions in a sealed box provided at the conference venue.
The discussions will not be recorded nor reported.
5:30 Conference Ajourns
5:45 Networking Reception hosted by
DAY 2 - Wednesday, 27 January, 2010
8.45 Registration and Coffee
9.00 Opening Remarks and Welcome from Co-Chairs
9.15 Improving and Maintaining an Anti-Corruption Compliance Programme: How to Incorporate Integrity and Ethical Values into Compliance Programmes
James Joy
Vice President Legal and Compliance,
Koninklijke Ahold NV (Netherland)
Pedro Montoya
Chief Compliance Officer
EADS (France)
Jörg Busch
Partner Governance,
Risk & Compliance
PwC AG (Germany)
- Monitoring tools that leading companies use to maintain a sustainable global anti-corruption programmes
- Using the most effective communication channels between compliance officers and the Board to ensure the strength of your compliance programme — how to obtain buy-in from decision makers
- What the Siemens case and on-going cases can tell us about how compliance programmes should be improved
- How can elements of integrity and ethical values in compliance programme strengthen your policies better than control or sanction mechanisms?
- Instilling ethical values in companies to influence behaviour?
- Developing an effective training curriculum to ensure an internal understanding of the benefits of implementing the programme
- Tradeoffs between the costs of compliance programmes versus the risks of compliance exposure
- Effectively allocating budget to training, personnel and technology
- Is a multijurisdictional compliance programme template possible?
- How important is it to have your compliance programme audited by an objective third party?
10:30 Morning Refreshments
10.45 Conducting Due Diligence of Foreign and Local Third Parties to Minimise Liability Risks
Flavio Bertoli
Senior Legal Counsel
Siemens AG -
Corporate Legal and Compliance (CL CO) Germany
Mathieu Savaris
Executive Commercial Counsel
GE Energy, Energy Services (Spain)
Richard Battaglia
Senior Counsel – Compliance
BP America (USA)
Carolyn Lindsey
Director, Member Services
Trace International (USA)
- How due diligence on third parties intermediaries will mitigate the risk of potential liability for anti-corruption violations associated with business operations
- Step-by-step process for screening, appointing and managing third parties such as commercial agents, freight forwarders and distributors in foreign countries
- Dealing with “administrative providers” such as lobbyists and customs agents
- Ongoing controls to manage the whole relationship with third parties including office visits
- Does distributing written and translated policies and procedures to third parties intermediaries enough?
- Third party’s compliance policy versus evidence of following best practices
11:45 A Step-by-Step Corporate Approach for Conducting a Thorough and Satisfactory Internal Investigation
Melissa Lea
Chief Global Compliance Officer
SAP AG (Germany)
Dr. Klaus Moosmayer
Compliance Operating Officer and Chief Counsel Compliance & Investigations
Siemens AG (Germany)
John Rupp
Partner
Covington & Burling (UK)
Claudia Nestler
Partner Forensic
PwC AG (Germany)
- What should trigger an internal investigation and where do you start?
- What volume of investigations should be considered “normal” for a global company
- What fulfils the requirement of a “thorough” and “meaningful” investigation
- Know your employees rights and the role you play for the company during an internal investigation
- Setting up an internal team and vetting external advisers
- Are the EU privacy laws at war with the EU and US anti-bribery/anti-corruption laws?
- How to approach an investigation in the absence of harmonised data protection laws in Europe
- Dos and don’ts when collecting, gathering and using data including employee hard ware, e-mails, telephone conversations and personal data — what is permissible and what is not
- Are there different attitudes toward internal investigations among enforcement agencies in Europe and the US?
- Maintaining professional privileges with respect to the fruits of the investigation
- Making the most of the post internal investigation report when violations are discovered
- Strategy behind voluntary self disclosures: when to disclose, what to disclose, etc.
- Are companies expected to complete a full or truncated investigation before self reporting?
- At what stage of the investigation should a remediation plan be developed?
- Standard internal investigation in the US versus Europe — tips and practical guidance
12.45 Networking Lunch
1.45 Best Strategies to Manage a Post Internal Investigation Crisis
Dr. Hans-Hermann Aldenhoff, LL.M. (Sydney)
Country Head
Simmons & Simmons Germany
Dr. Alexander Jakob
Deputy Chief Compliance Officer
Allianz SE (Germany)
- How would the investigation and its outcome affect the company’s operations?
- What immediate procedures and actions should be in place and followed?
- The role and how to make the most of a team of lawyers, auditors and forensic accountants
- Best strategies to be used by the board to prepare a strong defence and preserve the company’s reputation
- Handling the fact that some individuals of the company may have left the company
2.30 How to Logically and Effectively Minimise Risks Arising From Gifts, Entertainment, Sponsorship and Marketing on a National and Global Level
Enrique Aznar
Chief Compliance Officer
Nokia Siemens (Finland)
Anne Lugon-Moulin
Co-Executive Director
Basel Institute on Governance (Switzerland)
- Best practices in avoiding the risk of receiving, promising or giving improper payments hidden into marketing or sponsorship initiatives
- What is a “gift” across cultural backgrounds?
- Managing and controlling gifts received at company level within the framework of an internal gifts and entertainment policy
- When a commercial incentive becomes a bribe — drawing a clear line between a gift and a bribe in the light of recent cases (Bosch and Siemens cases)
- Fostering clients’ relationships through sponsorship or marketing initiatives while staying compliant
3:15 Networking Lunch
3:30 Conducting Pre-Transactional Anti-Corruption Due Diligence Including Pre-Merger/Pre-IPO
Sharie A. Brown
Partner
DLA Piper (USA)
- What an acquirer or financier should look for in a target’s anti-corruption compliance programme to avoid any successor liability
- Core due diligence steps to assess the controls environment and specific business risks
- Assessing corruption risk profile of a potential transaction: What practical steps to follow in higher risk transactions?
- What if the acquirer is unable to perform satisfactory pre acquisition due diligence due to foreign laws restrictions?
- A history of corruption is discovered: assessing disclosure and privilege issues in a transaction
- The advantages and disadvantages of seeking pre-transactional review and approval from appropriate authorities
- Preventing liability stemming from the acts of joint venture partners, distributors and other third parties
4:15 Overcoming Anti-Corruption Compliance Challenges in Central and Eastern Europe (CEE)
Mark Hetenyi
Regional Finance Director
Flextronics Budapest (Hungary)
Martin Chyrikins
Statutory Compliance Manager, EMEA Controlling
Nike European Headquarters (Belgium)
Zoltán Hegymegi-Barakonyi
Partner
Martonyi és Kajtár Baker & McKenzie Ügyvédi Iroda (Hungary)
- Update on local anti-corruption legislation and its enforcement
- Evaluating the compliance of CEE subsidiaries, branches and offices with anti-corruption laws and detecting potential problems
- Criteria for the selection of intermediaries in light of the due diligence challenges of the CEE markets
- Compliance issues arising from acquisition of companies in the CEE
- Developing, implementing and overseeing effective compliance policies in the CEE countries
5.15 Conference Ends
Thursday, 28 January, 2010
8.45 Registration and Coffee
9.00 Report Card on Recent Developments in Anti-Corruption Enforcement and Regulatory Activity in Italy
Fabio Depasquale
Deputy Prosecutor of the Milan Public Prosecutor’s Office (Italy)*
Luca Basilio
Partner
Simmons & Simmons (Italy)
- The impact of relevant legislation and case law covering crimes covered by Italian anti-bribery law
- key triggers for corporate liability: the importance of adapting corporate governance to comply with Italian law
- preventing corporate crime through adopting an appropriate “organisational model”
- The implications for foreign groups of companies under local law for bribery committed abroad
- Current enforcement actions being conducted under Italian anti-corruption law
- How local law enforcement agencies investigate potential claims
- What are the penalties and sanctions likely to be under local anti-bribery laws and what kind of penalties have been levied?
- How can companies respond to regulatory investigations?
- evidence that dynamic, robust and effective systems capable of detecting corruption are in place
- risk and ramifications of a company’s compliance programme being found “unfit” under local law
- appointing independent supervisory oversight to supervise and direct your risk management function
10:30 Morning Refreshments
10:45 Recent Developments in Anti-Corruption Enforcement and Regulatory Activity in Spain
Enric Carulla Mur
Partner
Garrigues Law Firm (Spain)
- The impact of relevant legislation and case law
- Spanish anti-bribery provisions (Articles 419 to 427, Chapter V, Title XIX of the Penal Code): how are they implemented and enforced?
- the role of investigating judges in bribery cases
- How Iberian anti-corruption compliance programmes match up against those of your subsidiaries in other EU jurisdictions
- Barriers to implementing global anti-bribery compliance programmes in Iberian jurisdictions?
- Trading with South American subsidiaries: potential pitfalls experienced by Iberian companies dealing with with Latin American anti-corruption issues, and their solutions
11:30 The Balkan States: How to Mitigate the Risks for Your Company
John Whittaker
Partner
Clyde & Co LLP (UK)
- The challenge of doing business in the Balkan states
- what are the experiences of companies trading in this region?
- what are the experiences of law firms dealing with local subsidiaries trading within the EU?
- what regional anti-corruption surveys reveal about where risks lie?
- The experience of EU accession:
- how has the private sector maintained standards on par with EU/US anti-corruption practices ?
- how important is demonstrating alignment with EU/US anti-corruption policy standards when trying to attract investors and financial institutions to support growth in the region?
- Which are the sectors historically and/or currently at risk?
- Red flags to look out for within these jurisdictions
- What is the status of facilitation payments and how are these defined?
12.15 Networking Lunch
1.15 Implementing Effective Accounting Controls to Comply with Books and Records Provisions
Pierpaolo Maio
Legal Counsel, Corporate Affairs
Avaya, Rome (Italy)
Federico Busatta
Partner
GIANNI, ORIGONI, GRIPPO & PARTNERS (Italy)
- Keeping books and records up-to-date: comparing legislative requirements with actual practice
- what are the FCPA rules governing document retention and destruction issues?
- how do these compare with local laws on financial records?
- What do investigators look for while inspecting books and records?
- Significance for corporations of relevant local case law on “false balance sheet”, “improper payments” and false and misleading statements to auditors
- How to maintain compliance with the FCPA’s “requirements of reasonable detail” in books and records so as to “accurately reflect” transactions
- Issues for subsidiaries: how can you avoid potentially fraudulent entries on their books and records?
- How important is an effective right-to-audit clause regarding books and records of third party intermediaries?
2.15 Developing an Effective Anti-Corruption Compliance Programme: Creating an Optimal Structure Specific to Your Company’s Risk Areas
John Kuckelman
Global Anti-Corruption Counsel
Eli Lilly Corporation, USA
- Identifying and overcoming the most challenging elements of creating a compliance programme
- How to take a centralised anti-corruption compliance programme, apply local requirements and ensure compliance with both internal policy and the law
- How to prioritise and harmonise differing compliance requirements within your programme
- Establishing a successful compliance programme in high-risk regions/countries
- Continuously auditing and revising your compliance programme to ensure utmost relevance to current conditions and overall effectiveness
3.00 Afternoon Refreshments
3.15 Promoting Anti-Corruption Compliance Awareness and Good Practices whilst Remaining Cost-Effective and Delivering Return on Investment
Edoardo Lazzarini
Compliance & Business Practices Director
Schering-Plough Pharmaceuticals
- How to get management buy in and create a culture of change
- How to deliver value-added compliance in a difficult economic climate
- Managing resources efficiently to minimise unnecessary work and subsequent follow-ups
- Keeping your programme up-to-date following regulatory and business practice change
- Ensuring practical compliance through effective monitoring: constant vigilance vs. risk prioritisation and effective training
- Measuring and reporting the effectiveness of the compliance programme: what metrics and tools demonstrative value?
4.30 Focus Day Ends
(*) Denotes Speakers Invited
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